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HomeMy WebLinkAbout05/30/2007 - Adjourned Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Adjourned Regular Meeting May 30, 2007 — 6:00 p.m. I. RECONVENE AT 6:00 P.M. FOR ADJOURNED REGULAR MEETING H. ROLL CALL Present: Council Member Henn, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner Excused: Council Member Curry City Clerk Harkless announced that Council Member Henn is participating from a teleconference location pursuant to GC Section 54953(b) - 6101 Norwaldo Avenue, Indianapolis, Indiana. III. PLEDGE OF ALLEGIANCE -Mayor Rosansky IV. PUBLIC HEARING 1. INTERIM URGENCY ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW RESIDENTIAL USES THAT ARE TRANSITORY IN NATURE SUCH AS PAROLEE - PROBATIONER HOMES, SAFE HOUSES, UNLICENSED RESIDENTIAL CARE FACILITIES AND RESIDENTIAL CARE FACILITIES, GENERAL, AS WELL AS THE ISSUANCE OF NEW SHORT -TERM LODGING PERMITS IN ALL RESIDENTIAL ZONING DISTRICTS OF THE CITY. City Attorney Clauson provided the staff report, noting the proposed moratorium extension is for an additional five months (to November 8th), which will allow time to proceed with the proposed ordinance revisions considered by Council at its last meeting. It is anticipated the ordinance revisions will be considered at the Planning Commission's second meeting in June and will then be brought to Council. She added this moratorium extension does not extend the moratorium on short -term lodging permits which will expire on June 8, 2007. In response to a question by Mayor Pro Tem Selich, City Attorney Clauson explained the process of re- extending the moratorium should it be necessary. Dick Nichols stated he was generally pleased with the proposal, however, was confused by the interim urgency ordinance process, as he thought any proposed code changes would go through the hearing process. He added that he feels the definition of unlicensed residential care facilities is incomprehensible as written and patently wrong and suggested possible changes. He further explained why he thinks it is illegal and cited excerpts from the California Code of Regulations. Edward Dilkes, representing Sober Living by the Sea, presented their opposition in writing. He stated they are fairly certain most of the moratorium is not enforceable, especially against licensed facilities. Sober Living by the Sea has been in the city for 20 years and has sought to participate in the process of this formulation and has been unable to do so except Volume 58 - Page 168 City of Newport Beach City Council Minutes May 30, 2007 by shoving its way through the door. He indicated Sober Living by the Sea's willingness to help if there are legitimate problems. They don't believe this extension or the ordinance contemplated will solve any of the problems, but rather focused code enforcement will help resolve the issues. He requested that the maps and charts from the original hearing be included as exhibits for this meeting as well. In response to a question by Council Member Webb, Mr. Dilkes stated the packet presented tonight is not profoundly different from what was originally submitted and apologized that it was not provided to Council sooner. He will ensure future documents are submitted in a timely manner to allow Council time to peruse them. Bob Rush stated that Sober Living by the Sea has been given every opportunity to participate in the process. He expressed concern that staff was not taking advantage of extending the moratorium for the full 10 -1/2 months allowed, as there are a number of areas that have not been adequately addressed. Cynthia Koller concurred with Mr. Rush. She indicated that she received a survey on her doorstep and called Attorney Wolcott to question why it was only distributed to five blocks on the peninsula. She recommended the moratorium be extended 10 -1/2 months to allow time to fully research the matter and distribute the survey to all residents on the peninsula to get the true impact of what is happening. Following the call to Attorney Wolcott, 100 surveys were left on her doorstep for her to distribute. She asked the City Council for a direct, public affirmation and verification that they have no personal financial interests that would create potential conflicts of interest with the decision on group homes. She stated she will e-mail the Council tomorrow and expects an answer within 72 hours. . Council Member Gardner questioned of Ms. Koller whether she feels additional impacts would have been revealed had the survey been distributed more widely. Ms. Koller responsed affirmatively and feels it was ludicrous to pass the survey out only to the first block on 39th Street. She lives on the second block of 39th Street and is impacted daily (i.e., harassment, drugs in her side yard, having to walk to the beach differently). She stated all citizens should have an opportunity to voice their concerns. City Attorney Clauson explained the timing for the survey was to allow them to prepare the report to Council. However, . there is still plenty of time for anyone on the peninsula to complete the survey, which can be e- mailed or obtained on the City's website. They are still in the process of doing the survey for at least the next three weeks, and the information can be provided as part of the public hearing process. In response to questions by Council Member Webb, City Attorney Clauson clarified the moratorium could be extended now for up to 10 -1/2 months and then upon expiration (of either the recommended five -month or suggested 10 -1 /2 -month period) could be extended for an additional year. Council may elect to extend it longer, however, it is her recommendation to only extend it for a five -month period. During the moratorium, the ordinance will he finalized and, along with findings, presented to the Planning Commission at its second meeting in June. Depending upon their recommendations, it could be scheduled for another Planning Commission hearing or forwarded to the Council for consideration as early as July. This leaves the period from August to November to complete hearings. She noted that upon Council's final action, the moratorium will no longer be needed. Council Member Daigle questioned what the those that will be regulated by this ordinan comprehensive information - gathering process. City's efforts will be in soliciting input from ce and what steps can be taken for a more City Attorney Clauson stated that input will Volume 58 - Page 169 City of Newport Beach City Council Minutes May 30, 2007 IV be welcomed and will be included in the report to the Planning Commission and Council Denys Oberman advised it took approximately one year to pass the ordinance changes that occurred in 2004. She commended the City for attempting to resolve this issue as quickly as possible, however, concurs that five months is pretty aggressive. She stated the City does not seem to have a handle on current uses relative to the General Plan, particularly in Lido Island, Balboa Peninsula, Newport Heights and the surrounding area, and Corona del Mar, and that these areas will need to be revisted, as they are mischaracterized. She added the City will want to look carefully at its uses and incorporate a program for use management to regulate, manage, and integrate the uses. Marilyn Alexander expresssed concern with short-term rentals and possible changes. Mayor Rosansky advised that short -term rentals have been removed from the moratorium extension. City Attorney Clauson added they propose to bring a draft of the short-term rental regulation changes to the June 26th Council meeting for public input. Motion by Council Member Webb to adopt interim urgency Ordinance No. 2007 -10 which extends the temporary moratorium on the establishment and operation of residential uses that are transitory in nature for five (5) months and allows the moratorium on the issuance of new short -term lodging permits to expire on June 8, 2007. The motion carried by the following roll call vote: Ayes: Council Member Henn, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner Absent: Council Member Curry 2. GROUP RESIDENTIAL USES - CODE AMENDMENT INITIATION - AN AMENDMENT TO TITLE 20 (ZONING CODE) OF THE NBMC TO REVISE DEFINITIONS, LAND USE CLASSIFICATIONS, AND .REGULATIONS RELATING TO GROUP RESIDENTIAL USES AND SHORT TERM LODGINGS. Senior Planner Patrick Alford provided the staff report and advised that any code amendment initiation changes require at least one public hearing before the Planning Commission and City Council. Dick Nichols stated his comments pertain to amortization of nonconforming uses and cited excerpts from the California Code of Regulations. He does not believe there should be any amortization of nonconforming uses, as unlicensed homes are breaking the law and should be penalized, taken off the rolls, and not be allowed to operate again. In response to an audience question, City Attorney Clauson explained this is not a proposed ordinance, but an initiation of code changes. Denys Oberman stated the ordinance is a good start; however, there are a number of areas that need to be addressed to satisfactorily regulate these uses consistent with the General PIan. She identified some key areas and stated they are prepared to collaborate with the City and others on this issue. In response to a question by Council Member Daigle, City Attorney Clauson stated use permits run with the land. Volume 58 - Page 170 City of Newport Beach City Council Minutes May 30, 2007 Motion hv Council _Member Webb to adopt Resolution No. 2007 -34 initiating amendments to Title 20 of the NBMC. The motion carried by the following roll call vote: Ayes: Council Member Henn, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner Absent: Council Member Curry VI. PUBLIC COMMENTS - None VII. ADJOURNMENT - 6:40 p.m. The agenda for the Adjourned Regular Meeting was posted on May 24, 2007, at 9:53 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building and on May 26, 2007, at 12:00 p.m. at 6101 Norwaldo Avenue, Indianapolis, Indiana. i (/f� City Clerk row Mayor Volume 58 - Page 171